General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAverage Minnesota time in Prison for Murder 2... 12.5 years.
Prosecutors to seek enhancements for a longer sentence.
Prosecutors will make their argument in front of the Judge, not a jury.
No criminal record, could be less than 10 years.
For those confused about sentence:
If Chauvin is convicted on any of the charges, he faces maximum sentences of up to 10 years or up to 40 years in prison. If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.
https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.
Sanity Claws
(21,848 posts)He will never have a happy day again in his life.
WarGamer
(12,444 posts)He'll be out in his late 50's with a pension. He can go fishing all day for 25 years.
25+ to make it fair
CrackityJones75
(2,403 posts)He will have to serve time for all three counts. That is IF he makes it out. Not that I agree with violence in prison but it does happen (although not to the extent the public likes to fantasize about)
WarGamer
(12,444 posts)Rachel Moran, associate professor of law at the University of St. Thomas School of Law:
https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.
If Chauvin is convicted on any of the charges, he faces maximum sentences of up to 10 years or up to 40 years in prison. If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.
CrackityJones75
(2,403 posts)I heard incorrectly. I heard consecutively instead of concurrent. You are correct.
Apologies.
Sanity Claws
(21,848 posts)I don't know the rules of his police dept but he may lose his pension because he committed a felony while in uniform.
When he gets out, he won't be able to find work. It's hard to get hired at that age. Combine that with his felony conviction and I don't see any employment for him.
As for fishing, he needs some money to do that. He will be poor and miserable.
dflprincess
(28,078 posts)George Floyd's family could sue him and get at least some of it. (This per the NY Times)
WarGamer
(12,444 posts)dflprincess
(28,078 posts)Even if the former Minneapolis police officer Derek Chauvin is found guilty of murdering George Floyd, he will qualify to receive what could amount to around $50,000 a year in state pension payments.
But how much of that money he will see is less certain: Members of Mr. Floyds family, who are expected to file a wrongful-death lawsuit against Mr. Chauvin and the city, may be able to seize his pension distributions if they obtain a sizable judgment.
Some states force public employees who are convicted of serious crimes to forfeit their state pensions. But Minnesota does not, and the agency that distributes them said that could be changed only by legislative action.
Former employees qualify for benefits if they meet length-of-service requirements, regardless of whether termination of employment was voluntary or involuntary, the agency, the Minnesota Public Employees Retirement Association, said in a statement. Under state law, being charged or convicted of a crime does not impact a members benefit.
Maybe different states, different laws?
Luciferous
(6,079 posts)dflprincess
(28,078 posts)but even if it did, I doubt they could make it retroactive.
WarGamer
(12,444 posts)Minnesota is an outlier it is the only state that protects pensions under the promissory estoppel theory: the protection of a promise even where no contract has been explicitly stated.
5 minutes Google and the answer is NO, a Court can't reach into a Pension Fund and take money.
former9thward
(32,006 posts)In FL creditors can't get at retirement accounts or pensions.
uponit7771
(90,339 posts)dflprincess
(28,078 posts)and sentences could run consecutively.
WarGamer
(12,444 posts)CrackityJones75
(2,403 posts)Usually she is not.
WarGamer
(12,444 posts)If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.
Rachel Moran, associate professor of law at the University of St. Thomas School of Law
https://www.minnpost.com/metro/2021/04/explaining-the-possible-outcomes-of-jury-deliberations-in-the-derek-chauvin-trial/#:~:text=Possible%20penalties,of%20the%20counts%2C%20Moran%20said.
CrackityJones75
(2,403 posts)You are right he will serve concurrent not consecutively.
I was wrong.
WarGamer
(12,444 posts)CrackityJones75
(2,403 posts)Ocelot II
(115,693 posts)Consecutive sentencing is pretty rare, and it's based on some rather complicated calculations in the sentencing guidelines. https://mn.gov/msgc-stat/documents/Guidelines/2020/August2020MinnSentencingGuidelinesCommentary.pdf
CrackityJones75
(2,403 posts)As I understand it he will be going to jail for a while.
WarGamer
(12,444 posts)If he is convicted on multiple counts, he will not serve consecutive sentences on them. Instead, he will be sentenced on the most serious of the counts, Moran said.
CrackityJones75
(2,403 posts)Concurrent not consecutive.
Hoyt
(54,770 posts)I think it will be toward longer end.
-misanthroptimist
(810 posts)The maximum allowable seems reasonable.
LanternWaste
(37,748 posts)bullwinkle428
(20,629 posts)in his life when he walks into any racist bar in America.
WarGamer
(12,444 posts)Guess they didn't think they had a shot.
After seeing the fast jury, maybe they should have tried.